Car park incident - Claim against the company?

A car park barrier once slammed down on top of my mums car roof. There were 2 witnesses that said it gave inadequate time for her to get through yet the car insurance company still placed the blame on her, the reason being that the car park had a disclaimer at the entrance that explained the car owner was responsible for all damage.

If that was the case for her, then you have bugger all chance.
 
Meridian said:
You could try a small claims court claim, but even if you win, a refusal to pay by the owners will not be followed up.

M
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erm, you can then get judgements to bring the bailifs round or something. It says on the small claims forms what happens in the even of refusal to pay. :confused:


to op: obviously it was your fault.
 
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rover416i said:
This is about 20m of straight road, then a 90 degree corner that then leads into the car park. Anyway, I pull into this and slow down to the 5mph (As I know the material is horrific - it's like the tarmac is permanently covered in black ice!)

Anyway, it was slightly damp and instead of turning, the car went straight on :(

I locked the brakes, to no avail. Ploughed straight into the kerb, damaging my driver's side front steel wheel and tyre.

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I swear I could take that corner at 5mph even if it was covered in black ice. You must have been going faster than that!


rover416i said:
Obviously this wasn't my fault, I have the owner's number and will be ringing tomorrow. What a disgrace!
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Unless there is something particular wrong with the road, (diesel spillage perhaps?) then there is absolutely no way it is anyones fault but your own. Even if there was something wrong with the road, I doubt you could claim against the owner of the car park, unless you could show that they were aware of the problem and had failed to do anything about it.

From the pictures you've posted, there is absolutely nothing visibly wrong with the road.
 
lol, this is amazing, 5mph?

I just don't see it. Don't waste your/their time/effort/money.

I've been forced into a curb at higher speeds than that (20mph, oncoming car in the middle of the road, around a tight bend) and not done nearly as much damage.

There is also a 90 degree bend local to me, that had a pretty bad diesel spillage a few years back, the corner is deadly in the wet, and I can still manage 20mph around there in damp conditions, and even more if I fancy a bit of rear end fun :)

I'd also bet on the wheel and tyre not being the full extent of the damage to your car. I'd get it down to a garage for tracking/alignment to be tested, too.
 
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Even with oil/diesel on the road... at 5mph you wouldn't have slid that much. You'd need there to be sheet ice there but since it's still September I doubt that!
 
1. You were going faster than 5mph.
2. It was your fault.
3. You are liable for the damage to the kerb stone. If we wanted to get really technical, you are legally obliged to report the accident as damage was caused to property.
4. Those cheap tyres aren't really saving you any money.
5. It's an old Rover. It'll cost about thruppence to fix.
 
The fact that you think this is someone else's fault is worrying.

So if you aquaplane when it's raining heavy, is this god's fault?
 
Take it as a sign that you need further driving tuition as you clearly aren't in control of that car.
 
Got to echo pretty much everyone else - there is no way you tore the tyre like that at 5mph. And it ain't the fault of the road, or the company who owns the car park, or God, or even ninja badgers - you done screwed up. Admit it, get some new tyres, and be more careful next time.
 
Car park entry roads have been made of doner meat for years. You were going to quickly and crashed. Bummer.
 
theres no chance that was at 5mph tbh, a big profiled tyre like yours would just bounce off and I wouldnt have even thought it possible to get understeer at walking pace on a dry day??
 
Checks date, nope not 1st April. I can imagine the phone call to the owners now,
Um hi yes, i was entering your car park this morning, and skidded into the kirb and damaged my wheel, um, can you make the cheque payable to Rover416i so i can get a replacement wheel and tyre, since the road is slippery, and it was not my fault.
Thanks

:)
 
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